Statement Case Management ConferenceCal. Super. - 6th Dist.April 2, 202110 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 21 CV379043 Santa Clara - Civil AEGIS LAW FIRM, PC KASHIF HAQUE, State Bar N0. 218672 SAMUEL A. WONG, State Bar No. 217 1 04 JESSICA L. CAMPBELL, State Bar No. 280626 KRISTY R. CONNOLLY, State Bar 328477 9811 Irvine Center Drive, Suite 100 Irvine, California 92618 Telephone: (949) 379-6250 Facsimile: (949) 379-6251 Email: kconnollv@aegislawfirm.com Attorneys for Plaintiff Jason Amyx, individually, and on behalf of all others similarly situated FISHER & PHILLIPS LLP COLLIN D. COOK, State Bar No. 25 1606 ADAM SLOUSTCHER, State Bar N0. 291657 HAYLEE SAATHOFF, State Bar N0. 323267 One Embarcadero Center, Suite 2050 San Francisco, California 941 11 Telephone: (415) 490-9000 Facsimile: (415) 490-9001 Email: ccook@fisherphillips.com System Sys Electronically Filed by Superior Court of CA, County of Santa Clara, on 7/9/2021 2:03 PM Reviewed By: System System Case #21 CV379043 Envelope: 6815339 Attorneys for Defendant Boardwalk Cars, Inc. dba Boardwalk Nissan erroneously named as Boardwalk Auto Center, Inc. SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA CLARA JASON AMYX, individually and 0n behalf of all others similarly situated, Plaintiff, V. BOARDWALK AUTO CENTER, INC.; and DOES 1 through 20, inclusive, Defendants. Case No.2 2 1CV379043 Assigned For A11 Purposes To: Hon. Sunil R. Kulkarni Department 1 JOINT INITIAL CASE MANAGEMENT CONFERENCE STATEMENT Date: July 15, 2021 Time: 2:30 p.m. Dept: 1 JOINT INITIAL CASE MANAGEMENT CONFERENCE STATEMENT FP 409975021 tem 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff Jason Amyx (“Plaintiff”) and Defendant Boardwalk Cars, Inc. dba Boardwalk Nissan erroneously named as Boardwalk Auto Center, Inc. (“Defendant”) (collectively, the “Parties”) hereby submit this Joint Initial Case Management Conference Statement. 1. POTENTIAL ADDITIONAL PARTIES: At this time, the Parties d0 not intend t0 add any additional parties. 2. PARTIES AND COUNSEL: Plaintiff: Jason Amyx Plaintiff” s Counsel: AEGIS LAW FIRM, PC Kashif Haque, khaque@aegislawfirm.com Samuel A. Wong, swong@aegislawfirm.com Jessica L. Campbell, icampbell®aegislawfirmcom Kristy R. Connolly, kconnollv@aegislawfirm.com 9811 Irvine Center Drive, Suite 100 Irvine, CA 92618 Telephone: (949) 379-6250 Facsimile: (949) 379-6251 Defendant: Boardwalk Cars, Inc. dba Boardwalk Nissan erroneously named as Boardwalk Auto Center, Inc. Defendant’s Counsel: FISHER & PHILLIPS LLP Collin Cook, ccook@fisherphillips.com Adam Sloustcher, asloustcher@fisherphillips.com Haylee Saathoff, hsaathoff@fisherphillips.com One Embarcadero Center, Suite 2050 San Francisco, CA 941 11 Telephone: (415) 490-9000 Facsimile: (415) 490-9001 3. DISCOVERY: Pursuant t0 the Court’s Order Deeming Case Complex and Staying Discovery and Responsive Pleading Deadline, the Parties have not engaged in any formal discovery. /// /// /// 2 JOINT INITIAL CASE MANAGEMENT CONFERENCE STATEMENT FP 409975021 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. APPLICABILITY OF ARBITRATION CLAUSES: Defendant contends that Plaintiff signed an arbitration agreement containing a class action waiver. Plaintiff has agreed t0 dismiss his individual and class action claims Without prejudice and to pursue a PAGA-only action once the stay on these proceedings is lifted. 5. OTHER RELATED ACTIONS: The Parties are not aware of any related litigation. 6. FACTUAL AND LEGAL ISSUES: Plaintiff began working for Defendant as a non-exempt hourly-paid employee around September 2020. Plaintiff filed this class action lawsuit against Defendant 0n behalf 0f all non- exempt employees employed from October 6, 2016 through the present. Plaintiff primarily alleges that Defendant failed t0 pay all wages, including minimum and overtime wages, failed t0 provide meal and rest breaks 0r premiums in lieu thereof, failed t0 pay all wages t0 commission-only 0r piece-rate workers for time spent in rest breaks, failed t0 reimburse business expenses, failed t0 provide accurate itemized wage statements, and failed t0 pay all wages upon the separation of employment. Because Defendant contends that Plaintiff signed an arbitration agreement with a class action waiver, Plaintiff intends to dismiss his individual and class action claims without prejudice and file a First Amended Complaint in order to pursue these claims on a PAGA-only basis. Defendant denies and disputes the validity 0f Plaintiff’s claims and allegations. Defendant further denies that Defendant is liable under any 0f the claims asserted in the Complaint or that Plaintiff or the aggrieved employees are entitled to any damages, penalties 0r other relief sought. 7. ALTERNATIVE DISPUTE RESOLUTION: Plaintiff is open to early private mediation as long as Defendant is willing t0 produce adequate information to allow Plaintiff t0 evaluate the value of the case. Defendant is similarly willing to engage in private mediation and pursue an early resolution of this matter. /// /// /// 3 JOINT INITIAL CASE MANAGEMENT CONFERENCE STATEMENT FP 409975021 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8. PHASED DISCOVERY: Plaintiff contends that because this action Will proceed as a PAGA-only action, as opposed t0 a class action, that there is not any need to bifurcate or limit discovery. Defendant submits that there is good cause to adopt a limited and phased or sequenced approach t0 discovery in this action as authorized by California Code 0f Civil Procedure section 2019.020 for the convenience 0f the parties and Witnesses and in the interests of justice. Moreover, adequate safeguards should be put into place to ensure that the privacy interests of any aggrieved employees are protected. Additionally, discovery should be limited t0 the extent the burden, expense 0r intrusiveness 0f the discovery outweighs the likelihood that the information sought will lead to the discovery 0f admissible evidence. Dated: June 24, 2021 AEGIS LAW FIRM, PC Kristy R. Connolly Attorneys for Plaintiff Jason Amyx Dated: June 24, 2021 FISHER & PHILLIPS LLP Collin D. Cook Attorneys for Defendant Boardwalk Cars, Inc. dba Boardwalk Nissan 4 JOINT INITIAL CASE MANAGEMENT CONFERENCE STATEMENT FP 409975021 A QONUI 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF 0F SERVICE (CCP §§1013(a) and 2015.5) I, the undersigned, am at least 18 years 01d and not a party to this action. I am employed in the County 0f San Francisco With the law offices of Fisher & Phillips LLP and its business address is One Embarcadero Center, Suite 2050, San Francisco, California 941 1 1. On July 9, 2021, I served the following document(s) JOINT INITIAL CASE MANAGEMENT CONFERENCE STATEMENT 0n the person(s) listed below by placing D the originalg a true copy thereof enclosed in sealed envelope(s) addressed as follows: AEGIS LAW FIRM, PC Attorneys for Plaintiff Kashif Haque, Jason Amyx khaque@aegislawfirm.com Telephone: (949) 379-6250 samuel A‘ Wong’ Facsimile: (949) 379-6251 swong@aeglslawfirm.com Jessica L. Campbell, icamnbell@aegislawfirm.com Kristy R. Connolly, kconnolvaDaegislawfirm£om 9811 Irvine Center Drive, Suite 100 Irvine, CA 92618 Telephone: (949) 379-6250 Facsimile: (949) 379-6251 D [by MAIL] - I enclosed the document(s) in a sealed envelope or package addressed t0 the person(s) whose address(es) are listed above and placed the envelope for collection and mailing, following our ordinary business practices. I am readily familiar With this business’s practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service in San Francisco California, in a sealed envelope with postage fillly prepaid. U [by FAX] - Based on an agreement 0f the parties to accept service by fax transmission, I faxed the document(s) t0 the person(s) at fax number(s) listed above fiom fax number (41 5) 490-9001. The fax reported no errors. A copy of the transmis sion report is attached. D [by OVERNIGHT DELIVERY] - I enclosed the document(s) in an envelope or package provided by an overnight delivery carrier and addressed t0 the person(s) at the address(es) listed above. I placed the envelope 0r package for collection and overnight delivery at an office 0r a regularly utilized drop box 0f the overnight carrier. E [by ELECTRONIC SERVICE] - Based 0n a court order 0r an agreement ofthe parties t0 accept service by electronic transmission, I electronically served the document(s) t0 the person(s) at the electronic service address(es) listed above. I declare under penalty of perjury, under the laws of the State of California, that the foregoing is true and correct. Executed July 9, 2021, at San Francisco, California. By: gg/ Sue Anne Travers [W Print Name Signature 1 PROOF OF SERVICE FP 404922021